By Memorandum Order entered by The Honorable Leonard P. Stark in Margaret Kay Young, et al. v. Bristol-Myers Squibb Co. and Pfizer Inc. and 32 similar actions, Civil Action Nos. 17-609-LPS through 17-641-LPS, (D.Del. June 27, 2017), the Court denied Plaintiffs’ motion to remand 33 removed Eliquis® actions to state court. Plaintiffs contended that Defendants’ removal of the actions to federal court was improper under 28 U.S.C. § 1441(b) because Defendants are citizens of Delaware. Id. at*2. Specifically, Plaintiffs contended that the “forum defendant rule” barred Defendants from removing the actions to federal court. Id. Defendants countered contending that, because they removed the cases to federal court before they were served with process, there was no forum defendant who was “properly joined and served” so § 1441(b) did not bar removal. Id.
The Court agreed with Defendants and denied Plaintiffs’ motion to remand. Id. at*3. In doing so, the Court noted that it saw no reason to depart from its prior decisions in Munchel, 2012 WL 4050072, and Hutchins, 2009 WL 192468. Id.
A copy of the Memorandum Order is attached.
[View source.]
